D.C. Mun. Regs. r. 27-3713

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-3713 - NOTICE OF TERMINATION FOR DEFAULT

3713.1

If, after consideration of all facts and circumstances, and after compliance with the provisions of this chapter, the contracting officer determines that a termination for default is proper, the contracting officer shall issue a notice of termination.

3713.2

In addition to the requirements of § 3701, a notice of termination for default shall include the following:

(a) The acts or omissions constituting the default;

(b) A statement that the contractor's right to proceed further under the contract, or a specified portion of the contract, is terminated;

(c) A statement that the goods or services terminated may be purchased against the contractor's account, and that the contractor will be held liable for any excess costs;

(d) If the contracting officer has determined that the failure to perform is not excusable, a statement that the notice of termination constitutes a decision to that effect, and that the contractor has the right to appeal the decision under the disputes clause in the contract;

(e) That the District reserves all rights and remedies provided by law or under the contract, in addition to charging excess costs; and

(f) That the notice constitutes a decision that the contractor is in default as specified, and that the contractor has the right to appeal the termination under the disputes clause in the contract.

3713.3

The contracting officer shall make the same distribution of the termination notice as was made of the contract.

3713.4

The contracting officer shall furnish a copy to the contractor's surety, if any, when the notice is furnished to the contractor. The contracting officer shall request the surety to advise the contracting officer if it desires to arrange for completion of the work.

3713.5

The contracting officer shall immediately notify the payment office to withhold further payments under the terminated contract pending further notice.

D.C. Mun. Regs. r. 27-3713

Final Rulemaking publishing at 35 DCR 1702 (February 26, 1988)